Downing v. Diaz

STAYTON, Chief Justice.

This is an action of trespass to try title,' brought by appellees, who are shown to be entitled to take by in héritance from' Joaquin Cuellar. They allege that the land in controversy, known as porcion No. 36,-was granted to Jacinto Cuellar by the Spanish government in the year 1767, and that he gave it in exchange to Joaquin Cuellar for porcion No. 35, which was originally granted to the latter at the same time the land in controversy was granted to Jacinto. Jacinto and Joaquin Cuellar were brothers, and both died leaving descendants.

Appellants claim through patents…